OneLBriefs

United States v. Foster

9th Cir COA - 1998

Facts:

D was driving his pickup truck when he was stopped by police. In the bed of the truck, under a tarp and in a zipped up bag, was a loaded semiautomatic weapon and a bucket. The bucket contained drugs, scales, baggies, and handwritten notes about drug sales.

D was convicted of possession of meth and of carrying a firearm during drug trafficking. (18 USC 924(c)(1)).

Procedural History:

Trial court found D guilty of carrying a firearm during drug trafficking.

9th Cir COA reversed, found D was not carrying firearm during drug trafficking.

Issues:

What does the gun possession during drug trafficking statute mean by "carrying a weapon"?

Holding/Rule:

In order for a D to be convicted of carrying a weapon during drug trafficking, the weapon must be within hand's reach while the vehicle was in motion.

Reasoning:

It is not required that the weapon be on the person. The requirement is that the weapon can be put to use quickly.

Carry should not be construed so broadly as to encompass mere possession.

The rule of lenity says that statutes should be construed narrowly and in favor of defendants.

The gun was way in the back and was not able to be used quickly by the driver.

Dissent:

Trott, J.

Congress did not intend for a hypertechnical or narrow construction of the word carry.

Whether the gun is in reach or not is irrelevant.

The majority's opinion is divorced from the real street world of drug traffickers.